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37 2001

LOCAL GOVERNMENT ACT, 2001

PART 24

Miscellaneous Amendments

Amendment of Electoral Act, 1992.

243. —In addition to the amendments provided for by section 42 (which relate to direct elections), the Electoral Act, 1992 , is further amended in section 165(8)(b) by the substitution of “the Local Government Act, 2001” for “Part VI of the Electoral Act, 1963 ”.

Amendment of Housing (Traveller Accommodation) Act, 1998.

244. Section 31 of the Housing (Traveller Accommodation) Act, 1998 , is amended by the substitution of the following for section 31:

“Annual report and activities of a local consultative committee.

31.—An annual report of a local authority prepared in accordance with section 221 of the Local Government Act, 2001, shall record particulars of the activities of the local consultative committee and the steps taken to secure the implementation of an accommodation programme for the functional area concerned during the period to which the annual report relates.”.

Amendment of Roads Act, 1993.

245. —The Roads Act, 1993 , is amended by the insertion of the following after section 15 of that Act:

“Requirements as regards railways, canals, etc.

15A.—A road authority shall not construct or reconstruct a bridge or viaduct over, or a tunnel under—

(a) a railway, save with the consent of the Minister for Public Enterprise, or

(b) any inland waterway within the meaning of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998, or any navigable water, save with the consent of the Minister for Arts, Heritage, Gaeltacht and the Islands.”.

Amendment of Abattoirs Act, 1988.

246. Section 35 of the Abattoirs Act, 1988 , is amended—

(a) by the insertion in subsection (1)(a) of “or part-time” after “whole-time”;

(b) by the substitution of the following for subsection (4):

“(4) The provisions of section 85 of the Local Government Act, 2001, shall apply to the appointment of a whole-time or part-time veterinary inspector pursuant to this section subject to the modification that a local authority shall not enter into the agreement referred to in the said section 85 unless the consent of the Minister has been first obtained.”;

(c) by the substitution in subsections (5) and (6) of “ section 85 (as modified by subsection (4) of this section) of the Local Government Act, 2001,” for “section 59 (as modified by subsection (4) of this section) of the Local Government Act, 1955 ,”.

Additional amendments to Planning and Development Act, 2000.

247. —In addition to amendments to the Act of 2000 provided for in Schedule 4 (which relate to amendments that are minor and consequential to this Act), the Act of 2000 is further amended—

(a) by the deletion in paragraph (a) of section 12(1) of “any town commissioners and city and county development boards within the area,”,

(b) in section 106(3)—

(i) by the substitution in paragraph (a) of “6 additional members” for “5 additional members”, and

(ii) by the substitution in paragraph (b) of “more than 6 but not more than 12 additional members” for “more than 5 but not more than 10 additional members”,

(c) in section 134, by the insertion of the following after subsection (4):

“(5) (a) Subject to section 218, where the Board considers it necessary or expedient for the purposes of making a determination in respect of any of its functions under this Act or any other enactment, it may, in its absolute discretion, hold an oral hearing and shall, in addition to any other requirements under this Act or other enactment, as appropriate, consider the report and any recommendations of the person holding the oral hearing before making such determination.

(b) Section 135 shall apply to any oral hearing held in accordance with paragraph (a) and that section shall be construed accordingly.”,

(d) by the substitution in section 141 of “Organisation of Working Time Act, 1997” for “Holidays (Employees) Act, 1973” in each place where it occurs,

(e) in section 156(1)—

(i) by the substitution of “section” for “sections”, and

(ii) by the substitution of “239 or 247” for “239 and 247”,

(f) by the substitution in section 162(3) of “application for permission for retention of unauthorised development” for “application for retention of permission”,

(g) by the substitution in section 175(10)(e) of “the Environmental Protection Agency Act, 1992 ” for “this Act”,

(h) by the deletion of paragraph (c) of section 179(1),

(i) by the insertion in section 211(4) after “properly applied” of “, or for such purposes as may be approved by the Minister whether generally or in relation to specified cases or circumstances”,

(j) in section 214(2)(f)—

(i) by the substitution in subparagraph (i) of “and 80” for “,80 and 85”, and

(ii) by the deletion of subparagraph (ii),

(k) in section 221, by the insertion of the following after subsection (8):

“(9) The Minister may by regulations provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of the functions transferred to the Board under section 214 or 215 as appear to the Minister to be necessary or expedient.”,

(l) by the substitution of the following for section 249(2)—

“(2) Where any provision of this Act, or of any regulations made thereunder, requires notice to be given to any person who has made representations, submissions or observations to a planning authority or the Board, the planning authority or the Board may dispense with that requirement where—

(a) a large number of representations, submissions or observations are made as part of an organised campaign, or

(b) it is not possible to readily ascertain the full name and address of those persons who made the representations, submissions or observations,

provided that the authority or the Board uses some other means of giving notice to the public that the authority or the Board is satisfied can adequately draw the attention of the public to that notice including, in the case of an organised campaign referred to in paragraph (a), giving notice to any person who, in the opinion of the planning authority or the Board, organised the campaign.”,

and

(m) by the insertion of the following paragraph after paragraph 20 of the Fourth Schedule:

“20A. The proposed development would not be consistent with a planning scheme in force in respect of a strategic development zone.”.